Tenancy Agreement

Monther_of_1

Hello,
I am currently renting a property which is on a 12 month (with a 2 month break clause at six months) assured shorthold tenancy agreement.

I have had lot of problems with property: the main problem I have had since I moved in November 2010 is the damp/wet walls. I do have a small baby and feel this is not a good environment for him.
I have taken lot of photos and emailed them to the agency regularly. They did fit air ventilations few months ago but it is not helping. The drain was also blocked when we moved in here so the garden was flooded with soapy water, I informed them and I fixed it in Feb.

All the outer walls have damp issue, the damp in the bedroom is really bad. The entire wall (close the drainage) was black/green and the room was smelling very bad. They came and cut out some part of the carpet because things started to grow on it .
We do sleep in this room with our baby.

Now the agency are telling us that we are not opening the windows often enough and they will not do anything until the walls are dry.. so we have been waiting for months now and nothing is happening.
We want to move out now, but can we break the contract? We don't want to live here until the contract ends which is in november 2011. Is there anyway for us to move out without paying for the remaining months?

Thanks for taking the time to read.

G_M

What are the terms of the break clause? Please quote the exact wording so we can advise.

Some break clauses can only be actioned at the 6 month point, often requiring 2 months notice (ie at the 4 month point). Clearly you have missed this. Others can be actioned at any time AFTER the 6 month point. Again, there may/may not be a notice period.

dancingfairy

It might be worth getting environmental health at your local council involved. They may have more powers to get work done.
df

jamie11

Have you looked at the outside of the walls? If the ground over the years has been raised enough then it can be higher than the damp course, the answer to that is to dig a trench around the house so the damp cannot reach the walls above the damp course. It happens quite a lot with older houses.

Monther_of_1

G_M wrote: »

What are the terms of the break clause? Please quote the exact wording so we can advise.

Some break clauses can only be actioned at the 6 month point, often requiring 2 months notice (ie at the 4 month point). Clearly you have missed this. Others can be actioned at any time AFTER the 6 month point. Again, there may/may not be a notice period.

Thank you for your reply.

The exact wording is 'We let you rent the property for 12 months with a 2 month break clause at six months'

taxsaver

Monther_of_1 wrote: »

Thank you for your reply.

The exact wording is 'We let you rent the property for 12 months with a 2 month break clause at six months'

... and there is nothing more than that, either before or after those words, to provide further clarification?

I would expect to see some additional comment about it such as 'said notice to be given in writing served to the LL at the address stated herein to expire on the date of the half-anniversary of this agreement'.

Monther_of_1

jamie11 wrote: »

Have you looked at the outside of the walls? If the ground over the years has been raised enough then it can be higher than the damp course, the answer to that is to dig a trench around the house so the damp cannot reach the walls above the damp course. It happens quite a lot with older houses.

The floor level in the house the outside seems to be same but I do not know much about buildings or the damp course .

The damp has spread around the house now. All the outer walls, in the kitchen, living room, are now effected.

Thank you for your advise

Monther_of_1

taxsaver wrote: »

... and there is nothing more than that, either before or after those words, to provide further clarification?

I would expect to see some additional comment about it such as 'said notice to be given in writing served to the LL at the address stated herein to expire on the date of the half-anniversary of this agreement'.

Hi again,

No, there is nothing more next to those words but few pages later it says:

Ending the tenancy

1. We will give at least two calender months' notice in writing, to end the tenancy.

2. You muse give at least two month's notice in writing to end the tenancy.

3. Neither notice can be completed before twelve months of the tenancy have passed. This means that we can give notice in month ten and you can give notice in month ten to end the tenancy once twelve months have passed.

LittleMissAspie

I read of a trick to check whether it is damp or condensation. Tape a piece of foil to the wall, making sure the tape makes it airtight. Leave it for a day or two. If the water appears on the front then it's condensation and the housing needs more heating and more ventilation. But if the water appears on the side of the foil next to the wall then it's damp from outside and there's not much you as the tenant can do about it. This might help you get your point across to the agent.

Monther_of_1

LittleMissAspie wrote: »

I read of a trick to check whether it is damp or condensation. Tape a piece of foil to the wall, making sure the tape makes it airtight. Leave it for a day or two. If the water appears on the front then it's condensation and the housing needs more heating and more ventilation. But if the water appears on the side of the foil next to the wall then it's damp from outside and there's not much you as the tenant can do about it. This might help you get your point across to the agent.

Wow, didn't know about this. Thanks, will try it.

taxsaver

LittleMissAspie wrote: »

if the water appears on the side of the foil next to the wall then it's damp from outside

... but how can you SEE any damp behind the foil?